Rules Are Rules: File Fee Request Within Deadline Or No Costs For Prevailing Party

In a recent decision, the U. S. Court of Appeals for the Seventh Circuit ordered the defendant-appellant to pay the plaintiff-appellee's attorneys' fees, yet denied the appellee's petition as untimely under the Federal Rule of Appellate Procedure 39(d)(1). JCW Investments, Inc., v. Novelty, Inc., Case No. 02 C 4950 (7th Cir., Nov. 28, 2007) (Wood, J.).

The plaintiff, Tekky Toys, designed and sold a line of "farting dolls." "Pull My Finger® Fred" was its first such doll. The creators applied for and received a copyright registration on Fred, which they subsequently assigned to Tekky. The defendant, Novelty, manufactured and sold a similar product entitled "Fartman." Tekky first learned of Fartman in March 2002, and filed suit three months later, alleging copyright infringement, Lanham Act trademark infringement (for use of the phrase "Pull My Finger") and Illinois unfair competition. Tekky won a